civil courts- ELS (1) Flashcards
what are the main types of cases that the county court deals with:
1) contract law= breach of terms of a contract signed by 2 parties
2) tort law= claims in negligence such as a car crash
3) family law
what are the 3 divisions of the high court
1) the king’s bench division
2) the chancery division
3) the family division
what cases do the king’s bench division hear
ABOUT BUSINESS RELATIONSHIPS
- contact law e.g breach of terms of a contract signed by two parties
- tort e.g.claims in negligence such as a car crash
- commercial court (disputes arising between companies) e.g breach of terms of a contract between businesses
- admiralty court plus (disputes involving shipping law) e.g. rules about where boats are allowed to ship
what cases do the chancery division hear
ITS ABOUT MONEY
- competiton law e.g. laws that seek to regulate anti-competitive conduct by companies
-insolvency e.g. laws governing people in financial difficulties and unable to repay their debt
- probates e.g. the administering of a dead persons estate
- intellectual property e.g laws relating to the establishment and protection of intellectual creations such as inventions, designs, brands, artwork and music
what cases do the family court hear
- family matters
- cases involving child custody
- child abduction cases
- forced marriage
what is the civil court pre trial process
- parties are encouraged to settle outside the court ( money claim online or ADR )
- parties are prepared to pre action protocol before court
- start claim with N1 claim form
- D can acknowledge and accept liability, dispute the amount claimed or defend the claim.
- both claimant and defendant should fill in a questionnaire
- judge allocate the case to one of the four tracks
what is the money amount for small claims track cases
cases involving less than £10,000
personal injury cases and housing cases have a limit of £1500
what is the money amount for fast track cases
cases between £10,000 and £25,000
over £1500 personal injury claims
what is the money amount for intermediate track cases
cases between £25,000 and £100,000
what is the money amount for multi-track cases
cases where the claim is more than £100,000
or more than £25,000 where the case is very complex
what court and judge is used for small track claims
county court
district judge
what are the key features of the small claims track
- people represent themselves
- usually heard in private in the judges chamber
- informal approach
- strict laws of evidence are not followed
what court and judge is used for fast track claims
county court
circuit or district judge
what are the key features of the fast track claims
- strict trail time limit of one day and limited number of witnesses
- case usually heard within 30 weeks of allocation
- more formal procedure to small track
what court and judge is used for intermediate track claims
county court
circuit judge
what are the key features of intermediate track claims
- case will be heard within 3 days
- two expert witnesses allowed
- the judge will allocate a band within the track depending on the matters of the case ( there are 4 bands )
what court and judge are used for multi track claims
- high court (kings bench division)
- high court judge
what are the key features of multi track claims
- cases heard formally in an open court
- trail can last for several days
- expert witnesses allowed
what is the judge expected to do in a mutli track claim
expected to manage it
- identify all issues at an early stage
- encourage all parties to use ADR if appropriate
- deal with procedural steps without requiring the parties to attend at court
- set timetables stating by which each different stage of the claim must be completed
what are the reasons for an appeal for a civil case
- error in the law in the trial of first instance
- error of fact in the trial of first instance
- procedural unfairness in the trail of first instance
cases heard by a district judge are appealed to..
a circuit judge in the county court
cases heard by a circuit judge are appealed to..
a high court judge in the high court
multi track cases heard by a circuit judge are appealed to..
court of appeal civil divison
heard by a lord justice appeal
where does the second routes of appeal get heard
in the court of appeal
(civil division)
what does S55 of the Access to Justice Act 1999 state
further appeals can only be made if it would raise an important point of principle or there is some other compelling reason for the court of appeal to hear it
where does an appeal against a decision of the high court go to..
the court of appeal
(civil division)
what is a leapfrog appeal
when a case goes from the high court and leapfrogs past the court of appeal and to the supreme court.
high court to supreme court
from the court of appeal, there is a further route of appeal to the…
supreme court
only permission to appeal if the case involves a point of general public importance.
what are the advantages of using civil courts
- legal expertise
- enforceable outcomes
- routes of appeal
- increased access to justice
what are the disadvantages of using civil courts
- costs
- long delays
- complicated
- adversarial
- open to the public (no privacy)
- bad feelings between parties in the future
